People v Gledhill
2012 NY Slip Op 00535 [91 AD3d 886]
Jnury 24, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 29, 2012


The People of the State of New York,Respondent,
v
Amanda Gledhill, Appellant.

[*1]Arza R. Feldman, Uniondale, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from an amended judgment of the County Court, Suffolk County(Kahn, J.), rendered February 10, 2011, revoking a sentence of probation previously imposed bythe same court upon a finding that she violated a condition thereof, upon her admission, andimposing a sentence of imprisonment upon her previous conviction of rape in the second degree,upon her plea of guilty.

Ordered that the amended judgment is affirmed.

The defendant's contention that the County Court improperly sentenced her without obtainingan updated presentence report is unpreserved for appellate review (see CPL 470.05 [2];People v Mannina, 89 AD3d1038 [2011]; People vThompson, 65 AD3d 1390 [2009]; People v Grzywaczewski, 61 AD3d 699, 700 [2009]; People v Ruffino, 52 AD3d 624,625 [2008]; People v Ramirez, 29AD3d 1022 [2006]) and, in any event, is without merit (see People v Kuey, 83 NY2d278, 282-283 [1994]; People vMannina, 89 AD3d 1038 [2011]; People v Ruff, 50 AD3d 1167, 1168 [2008]).

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contention is without merit. Rivera, J.P., Roman, Sgroi andCohen, JJ., concur.


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